Invasion of Privacy for Sexual Gratification is a sex offense crime in Fort Collins and Larimer County. Most often, we see these charges arise from allegations of upskirt photos or someone hiding a camera in places where they would most likely catch someone in a state of undress like a restroom or dressing room. That’s exactly what happened to one man, who was caught sliding his phone under the dressing room a woman was changing in. According to the report, the woman claimed while she was changing, she saw a cell phone on the ground partially under the door. When reviewing security footage, police saw a man follow the woman into the store and then into the changing room area. He entered the changing room next to the one the woman went in, then came out, knelt down in front of her dressing room door with his phone in his hand. Police were able to identify the man based on previous contacts. These previous charges are what mean the man would likely be facing felony Invasion of Privacy for Sexual Gratification charges.
Larimer County Invasion of Privacy for Sexual Gratification Lawyer: Definition of Invasion of Privacy for Sexual Gratification
The Larimer County, Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:
A bathroom, bedroom, dressing room, and locker room would all qualify as an area where a person has a reasonable expectation of privacy. Under Colorado law, ‘intimate parts’ is defined as:
“the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
So, as long as the image or video captured included a view of the person’s genitals or breast, it would be considered meeting the element of this crime.
Sentence for Invasion of Privacy for Sexual Gratification in Loveland and Estes Park: When Does Felony Invasion of Privacy Apply?
Invasion of Privacy for Sexual Gratification is a class 1 misdemeanor sex offense, unless the case is considered aggravated. These are the elements that must be met in order to aggravated the charge to felony Invasion of Privacy for Sexual Gratification:
- The person accused has a prior conviction for unlawful sexual behavior; or
- The person accused photographed or observed the intimate parts of someone under the age of fifteen and the accused is at least four years older than the minor.
If one of the aggravators apply, the Invasion of Privacy for Sexual Gratification is a class 6 felony and is an extraordinary risk crime subject to the modified sentencing range. The man above was reported to have an Indecent Exposure case in his history, which would mean a prior conviction of unlawful sexual behavior in Fort Collins, Loveland and Estes Park.
If you or someone you love has been charged with felony Invasion of Privacy for Sexual Gratification, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Faisal Rahman